Laura Sharman 29 October 2014

‘Unlawful’ ruling could impact future consultations warn lawyers

Lawyers are warning that local authorities must ensure local people are properly consulted when making cuts or service changes, following a Supreme Court ruling.

A Supreme Court has ruled that Haringey Council’s consultation on its proposed council tax scheme was ‘misleading’ as it implied the council had no alternative but to make the poorest residents pay council tax for the first time.

Michelle Moseley, a single mother of four, challenged the consultation by arguing it didn’t provide enough information for people to make an informed response to the proposed changes.

The Supreme Court has now ruled the consultation was ‘unlawful’ as it ‘misleadingly’ implied that there were no possible alternatives.

Law firm Irwin Mitchell, who represented Ms Moseley, said this is the first time the Supreme Court has ruled on issues relating to consultations, and warned it could impact on anything from cuts to services or care home closures.

Alex Rook, a specialist health and welfare lawyer at Irwin Mitchell, said: ‘Today’s ruling will send a very clear message to all local authorities that they need to ensure that their consultations present the options in an accurate way and truly involve local people in the decision making process.

‘Following today’s judgment local authorities and other public bodies should be in no doubt that they cannot hide away from the true reasoning behind their decisions, and will be required to give the public more information about the possible options and the reason why they favour their proposal. The case is a good example of where judicial review and legal aid have been used positively to hold local councils to account.’

A Haringey Council spokesperson said: 'We accept the court’s judgment and will now consider its findings.'

Skills Pipelines: What local government needs to know image

Skills Pipelines: What local government needs to know

Councils and mayors are to be handed a central role in developing skills pipelines for local industries, as the Government unveils what it calls a ‘fundamental change’ to the education system aimed at tackling youth unemployment. Here's what council leaders and officers need to know.
SIGN UP
For your free daily news bulletin
Highways jobs

Assistant Director, Education, Aspirations and Achievement

Hartlepool Borough Council
up to £105,680
Lead change. Raise aspirations. Shape futures. Hartlepool, Durham
Recuriter: Hartlepool Borough Council

Assistant Director, Children and Families

Hartlepool Borough Council
up to £105,680
Every child deserves the best possible start in life. Hartlepool, Durham
Recuriter: Hartlepool Borough Council

Targeted Youth Adviser

Essex County Council
£29512.00 - £34720.00 per annum + + 26 Days Leave & Local Gov Pension
Targeted Youth AdviserPermanent, Full Time£29,512 to £34,720 Per AnnumLocation
Recuriter: Essex County Council

Team Administrator

Gloucestershire County Council
£25,185 - £25 989 per annum (pro rata)
Are you looking to join a friendly and supportive administration team at Gloucestershire County Council? Gloucestershire
Recuriter: Gloucestershire County Council

Team Administrator

Gloucestershire County Council
£25,185 - £25 989 per annum (pro rata)
Are you looking to join a friendly and supportive administration team at Gloucestershire County Council? Gloucestershire
Recuriter: Gloucestershire County Council
Linkedin Banner